General conditions for contracting services with Webempresa America

This is the electronic contract that you sign with us when you complete the contracting of any of our services.

It is not necessary to sign an offline contract, since this electronic contract is established with the contract itself. If you need it, at the end of these conditions you will find a link to download a copy of the contract in PDF.

The following is the contractual document that, together with the legal notice and the privacy policy, will regulate the contracting of services through the web www.webempresa.com (hereinafter the web), by the CLIENT/S, taking into account natural persons of legal age or legally constituted legal entities, once they have duly registered using the forms provided for this purpose in the web.

Acceptance of this document implies that the CLIENT:

Has read and understands what is stated here.
Is a natural person over 18 years of age, with sufficient capacity to contract, or a legal entity, legally constituted, through the natural person who has representation capacity.
Assumes all the obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the web.

WEBEMPRESA reserves the right to modify these conditions by accepting the CLIENT. For this, the website will provide the CLIENT with information regarding the modifications made. The acceptance by the client of the modifications will be understood as done, provided that the client does not reject it within a period of one month from the communication. In the event that the CLIENT rejects the modifications, it will not affect the contracted services that will continue to be governed by the conditions in force in their contracting and until the end of the same. The renewals of the contracted services will be governed by the new conditions.

I. IDENTITY OF THE PARTIES TO THE CONTRACT

The parties to the contract are the CLIENT(s) and WEBEMPRESA AMERICA, INC (hereinafter, WEBEMPRESA), with address at 150 Clove Road, 11 Floor Little Falls, 07424 New Jersey – United States of America, with tax identification EIN: 99-0373184

WEBEMPRESA has as contact email: comercial@webempresa.com

II. RECRUITMENT PROCEDURE

2.1 Registration

Any user who wishes to contract the services offered by WEBEMPRESA must register as a CUSTOMER, free of charge, in the form provided for this purpose, which can be accessed by clicking on each of the products to be contracted, following the contracting steps that will be explained in the following clauses or by pressing the “Customer Access” button, through which you can access the “Account Access” tab, on which, if clicked, the “Register” interface appears in the drop-down menu.

The data in the registration and contracting form are mandatory to provide the services offered on the web. In the event that the CLIENT does not provide such data, his request cannot be met.

2.2 Services

WEBEMPRESA offers WordPress and Joomla hosting or web hosting services, as well as Agency Hosting Licenses that include the features described in each product sheet on the website. Among them are: domain registration (as a registrar accredited by ICANN and red.es, or through entities accredited by ICANN, Internet Corporation for the Assignment of Names and Numbers), image optimizer, support, backup copies, anti-hacking measures, email service, etc. It will be understood that the services that appear offered in each product file are provided, and detailed in the service contract invoice. Webempresa América INC is a subsidiary and uses in its activity the services of Webempresa Europa S.L. Therefore, the regulations applicable to the hosting services and domains of the latter will apply to the former, as is reflected in the content of the subsequent clauses.

The data in the registration and contracting form are mandatory to provide the services offered on the web. In the event that the CLIENT does not provide such data, his request cannot be met.

Webempresa will offer the possibility of contracting its services whenever it has available stock, reserving the right to interrupt the offer of any of the services offered on its website (for new contracts) due to lack of stock, without this being able to lead to any type of claim by web users.

2.3 Speed comparator

WEBEMPRESA offers on its website, under the url https://www.webempresa.com/hosting/comparador-de-hosting.html, a tool that allows a comparison between the loading speed of a web page hosted by another provider or server and a copy of the same page hosted on Webempresa’s servers.

The objective of this tool is only to offer an indicative sample of the differences that could be seen in terms of loading speed and performance between the analyzed page (hosted on an external server) and the contents that the tool is capable of copying from that same page hosted on a Webempresa server, in a hosting plan that has the Magic Caché service.

In no case will the results offered by this comparison constitute a contractual commitment by Webempresa in terms of guaranteeing that the client will be able to obtain the same result by migrating their entire website to Webempresa’s servers; since these results depend on various factors, many of them dependent on the client’s own management of their website and not on the hosting service offered by Webempresa.

We must also take into account the limitations of this comparison, derived from the operation of the tool itself:

The tool performs a comparison relative only to the url indicated in the corresponding field, and not to the entire website.
The tool does not have access to the origin server and therefore does not have the possibility of making a complete copy of the content of the parsed page; rather, it will only copy the elements that are possible to access through a browser.
The tool is created for the analysis of sites created with WordPress (although it works with other types of CMS or programming is not optimized for them).
Once the url to be analyzed is indicated, the tool follows these steps to offer the results:

The tool accesses the page to be analyzed.
Download a copy of the content and images (a static copy including files…).
Upload that copy to a Webempresa server, to a hosting plan with Magic Caché (Cache Varnish).
Performs image optimization.
Analyze the speed of both pages with Page Speed.
Offers a comparison of the results obtained for each analysis on the screen.

It is possible that the source page has performance constraints (positive or negative) that are not seen in the benchmark results, and that cause notable differences in the results obtained once the site has been fully migrated.

As previously indicated, the objective of this tool is to offer a first orientation of the results that the client could obtain by hosting his website in Webempresa, giving him the possibility of analyzing one or more of the pages that make up his site. Considering the multiple factors that affect the results of the loading speed of a site, once the complete site is migrated to Webempresa’s servers, the results will be similar, better or worse than those shown in the comparison. Even taking into account that in most cases, the results will be similar or better than those shown in the tool, in no case is any contractual commitment or obligation established between Webempresa and the client linked to the results of this analysis.

2.4 Contracting

Once the user has clicked on the contract button, the SERVICE REGISTRATION screen will appear. This screen will show the service to be contracted, its contracting cycle and the detailed taxes (the corresponding ones in each case), stating the total amount to be paid by the user.

The user will have to press the “CONFIRM ORDER” button to continue with the process.

The new CLIENT registration process is carried out during the contracting process once the user has selected the product and confirmed the order from the SERVICE REGISTRATION screen.

In the case of already being registered as a CUSTOMER, on the order confirmation screen you can identify yourself as a customer from the blue button with the text “ARE YOU ALREADY A CUSTOMER?” to go directly to the payment screen.

In the registration and contracting form, all the requested fields must be filled in: name, surname, organization/company, DNI or NIF/CIF, email address, access password, access password confirmation, telephone number, address, city, postal code, province and country.

The user is solely responsible for the veracity, accuracy and updating of the data provided in the contracting process and in any form on the web.

In the event that the user detects an error in the communication of the data, he must correct this error as soon as possible by notifying WEBEMPRESA through the email comercial@webempresa.com; or modify the data provided through the corresponding form in the “Customer Area”, at any time, accessing through your username and password.

Once this is done, the payment method must be selected.

Once the legal notice, the privacy policy and the contracting conditions have been read, the box “I HAVE READ AND ACCEPT THE TERMS OF USE, THE PRIVACY POLICY AND THE CONTRACT CONDITIONS” must be checked. We advise the client to print these documents for future consultations.

Finally, the user must press the “FINISH THE ORDER” button from which they will access to make the payment from the means selected by the CUSTOMER. In turn, a proforma invoice will be generated that will be sent to the CLIENT to inform of the payment.

Once the order is confirmed, an email is automatically sent to the CLIENT, to the email address provided by the CLIENT, through which they are informed of how to activate the service through a link to access the “Customer Area” to see and pay the invoice generated on the occasion of the contracting made by the CLIENT. In this email the CLIENT will be provided with his username and password.

The CUSTOMER is solely responsible for his username and password, which are personal and non-transferable. The CLIENT is responsible for adopting as many security measures as necessary to preserve their confidentiality. Any act carried out with the username and password will be the responsibility of the CLIENT.

In order for WEBEMPRESA to provide the contracted service, it is essential to proceed with the payment of the invoice generated.

For any additional information or clarification regarding the content of the contracting conditions, do not hesitate to contact WEBEMPRESA through the email comercial@webempresa.com, before contracting.

2.5 Denial of registration.

WEBEMPRESA may reject any user registration, and therefore the contracting of its services, as long as:

(a) Verify that the data provided is contrary to the truth and/or inaccurate;
(b) considers that the request made: (i) does not conform to the terms contained in the contracting conditions and/or (ii) damages or may damage the corporate image of Webempresa or is contrary to the commercial purposes pursued by it and/or (iii) Webempresa verifies that the activity carried out by the CLIENT jeopardizes the proper functioning of the service of other clients and/or (iv) the CLIENT’s contents do not comply with the content policy of these conditions; I
(c) have pending payment for any Service previously contracted with Webempresa.

The denial of the provision of Services will be made by email to the email address provided by the user, justifying the reason for it.

The applicant whose request has been rejected by WEBEMPRESA may request the services again, as long as the reasons for which access to the service was denied have been duly corrected.

2.6 Loss of username and/or password

In the event that the CLIENT does not remember the password that he provided at the time of registration, he may proceed to change or renew it, verifying the username (email) that he provided at the time of registration.

In the event that the CLIENT does not remember the username (email) that he provided at the time of registration or does not have access to it, he must contact WEBEMPRESA at the email address comercial@webempresa.com, reporting the incident. WEBEMPRESA will respond to the communication sent by the CLIENT, being able to ask him to document her identity, by sending the D.N.I. or passport, C.I.F., deeds of incorporation, power of attorney or documentation of any other nature or that provide data on the information hosted or of another class, that allow WEBEMPRESA to restore the use of the service to which it claims to be its legitimate owner, and all this, for the sake of security in the provision of the service. WEBEMPRESA may deny the change of access data if the review of the documentation provided does not consider the identity of the owner to be clearly accredited. WEBEMPRESA does not commit to a defined response time in the management of these cases; The response may be delayed during the days necessary to carry out all the procedures that WEBEMPRESA deems necessary. WEBEMPRESA will not be responsible in any case for the consequences derived from the lack of access to the client file, since the client is ultimately responsible for the custody of their access data.

The owner of the service is the only one who can request to recover access to his file in the event that he loses his access data and cannot recover it himself (because he has lost access to the email account where he could recover the password or he has no way of confirming which email account he used to register his file).

The owner of the service is that natural or legal person whose data is indicated in the contracting / registration form, which are those that will appear in the client file and in the payment invoices. The holder can change the data for those of another natural or legal person from his client area, assigning with this change the ownership thereof to the new natural or legal person indicated.

The owner of the service is solely responsible for the management and custody of their access data to the customer file and the changes made to it using the correct access data, either by the owner himself or by third parties to whom the owner has shared access. Likewise, the owner of the service is solely responsible for the additional contacts and sub-accounts that he creates in his client file, and for the information or management permissions that he grants them. WEBEMPRESA will in no case be responsible or have the obligation to correct or compensate any change made by third parties to whom the owner has transferred the access data or granted information or management permissions in their file. Nor will it be responsible or have the obligation to correct or compensate any change made by third parties that have obtained the owner’s access data due to a security problem or poor custody of the same by the owner.

Webempresa is in no way responsible for the contracts or service obligations that the owner of the record establishes with third parties. In the event of a conflict, it will only respond to the owner of the service, and will not act as an intermediary between the owner and third parties with whom it may have agreements or contracts outside of WEBEMPRESA.

WEBEMPRESA reserves the right to block access to the client file in those cases in which it detects indications of a possible conflict of ownership, until the conflict is resolved by the interested parties or by the corresponding competent bodies or authorities for its resolution. In any case, WEBEMPRESA will not act as an intermediary or take part in any way in the management or resolution of conflicts, limiting itself to establishing the measures it deems necessary in its customer database until the situation is resolved.

III. SPECIFIC CONDITIONS OF THE DIFFERENT SERVICES OFFERED

3.1 Domain services

Domain Registration Services shall mean the work carried out by Webempresa as a domain registrar, between the client and the registrar authority, or the intermediation work carried out by WEBEMPRESA between the CLIENT and the accredited domain registrar.

In some cases, WEBEMPRESA subcontracts the services of the following companies to provide the domain registration service:

OVH HISPANO, S.L. with CIF B-83834747 and registered in the Mercantile Registry of Madrid, in Volume 19514, Book 0, Folio 77, Section 8, Sheet M-342678. The registered office is at C/ Alcalá 21, 5th floor, 28014 Madrid. OVH HISPANO SL is a subsidiary of the company OVH GROUPE SA, registered with the RCS of Lille under number 537 407 926 located at 2, rue Kellermann, 59100 Roubaix.
Contact: 91 758 34 77 – support@ovh.es
Link to its conditions of data processing.

TECNOCRÁTICA CENTRO DE DATOS, S.L., with registered office at Calle Salvatierra, 4 Tercera Planta – 28034 Madrid, Spain, also accredited by ICANN for domain registration.
Link to its data processing conditions.

CORPORATE SOLUTIONS IP, registered office at C/ Menestrals, 14, CP 07500 of Manacor, Illes Balears, (Spain), also accredited by ICANN for domain registration.
Link to your data processing conditions.

It can be verified that said companies are accredited by ICANN at the following link: https://www.internic.net/.

Activation of the registration service implies acceptance by the applicant of the rules and procedures in force, of the rates and forms of payment and of the technical requirements established for the registration of domain names by the registrars. Thus, the CLIENT with the registration request through the web, is accepting the specific conditions of both ICANN, as well as the specific regulations of RED.ES, EURID and Fundació .cat, depending on the domain extension in question.

The CLIENT knows and expressly consents that the personal data provided to WEBEMPRESA be provided to said entities in order to proceed with the domain registration, said communication does not constitute a transfer of data, since it is essential to be able to provide the contracted service, appearing in the event that it is necessary to publish such data. The option to hide personal data is offered. The free domain contact data privacy service (Whois data) allows you to hide personal information for domain names ending in .com, .net, .org, .biz, .info, .tel, . tv, . This option is not available for .es, .com.es or org.es domain names.

The CLIENT knows and assumes that the Whois privacy option can only be activated after the registration of a domain, so that their data could be captured and published (between the time of registration and the time of activation of the privacy service) on websites of whois data query publication services (Whois databases), without WEBEMPRESA assuming any type of responsibility for this publication nor can it request or obtain their unpublishment, since they are third-party websites. to WEBEMPRESA.
The client knows and assumes that any modification in the whois data due to the concealment request, will cause the domain to not be transferred in the following 60 days.

WEBEMPRESA provides the Whois/RDAP search database free of charge for informational use only. WEBEMPRESA, for its part, does not assume responsibilities derived from the precision, veracity, availability or accuracy of the data shown in the search results of a domain name. Search results may not be available for all registered domains. WEBEMPRESA is not responsible for any inconvenience or damage that may arise as a result of the information provided, or omitted, through the Whois/RDAP database. WEBEMPRESA may suspend the Whois/RDAP search tool to carry out periodic maintenance, repair, update or improvement procedures.

The CUSTOMER or USER of the tool assumes responsibility for:

Do not use the Whois/RDAP database for illegal, prohibited, or harmful purposes to the rights and interests of third parties, WEBEMPRESA declining any responsibility that may derive from it.
Do not use the information for advertising or marketing purposes.
Do not disclose information received in the Whois/RDAP data query.

The violation of any of the indicated obligations will empower WEBEMPRESA to take legal action against whoever performs them.

Intermediation. The CLIENT agrees that WEBEMPRESA acts on his behalf, obliging himself, when so established by the applicable regulations, to send the duly signed documentation requested by the registration entity for that purpose. The CLIENT acknowledges that it corresponds to WEBEMPRESA to make the request for the domain name before the registrar, but the granting of the registration of said domain name corresponds exclusively to said registrars.

The ownership and ultimate responsibility for the domain name rests solely and exclusively with the CLIENT requesting the domain. Consequently, WEBEMPRESA exercises a mere intermediation function in the assignment of domain names.

Log data. The data that the CLIENT provides to WEBEMPRESA will be transferred to the registration authority or to the accredited registration entity. WEBEMPRESA will process on behalf of the CLIENT, as requested in the order form, the reservation, registration or transfer of the domain name before registration authorities or before the registrars. The treatment of personal data that may be included in the registration forms is regulated in the legal notice and the privacy policy of WEBEMPRESA.

The CLIENT undertakes to provide true and exact contact information and to update it duly, since these will be the ones that are taken into account by the authorities or registration entities in their communications with the beneficiaries of the domain names, and any falsehood or inaccuracy in the data provided may be cause for rejection of your application and, where appropriate, cause for cancellation of the domain name, which could then be assigned to another applicant who was entitled to it. In domain transfer processes, the owner’s data will reflect those provided by the previous registrar. If mandatory data is not provided, WEBEMPRESA will include data that, once the process is complete, the CLIENT will be able to update.

Payments. It is necessary to have made the payment to WEBEMPRESA to start the process of registering or transferring the domain name. In this sense, the payment is considered effective when the bank confirms it or when a document accrediting it is available or confirmation of electronic payment is received or, in any case, when it has been harmed due to the fault of the creditor. In the event of there being two identical requests for the same domain name, WEBEMPRESA will process the one for which payment has been made previously.

Process. The data that the requesting CLIENT provides to WEBEMPRESA for the registration of the domain name will be provided automatically to the registration authority or to the registrar. WEBEMPRESA, once the registration or transfer of the domain name has been obtained, as the case may be, will communicate and deliver to the CLIENT the documentation accrediting the service provided. Given the existence of multiple domain name registration agencies and companies around the world, the availability of a domain name in a search form does not presuppose that this is its true status, and must be and go through the response provided by the registration authority or the registration entity.

Services. In the domain name registration service, WEBEMPRESA will proceed to register the generic or territorial top-level domain name .es, .cat or .eu on behalf of the CLIENT. When the CLIENT has servers in which to activate the registered domain name, it will proceed to request the transfer of the domain name to the CLIENT’s servers. WEBEMPRESA will process on behalf of the CLIENT the change of domain name server before the authorized organizations, submitting to the rules on domain names established by them.

The CLIENT declares to know and accept that, according to current ICANN policies, domain name registries do not allow their transfer in the first sixty (60) days from the date of the initial registration or the last transfer. Domain name transfers will be, at all times, subject to the current policies of the regulatory entities of the domain name system.

Rules. By virtue of this stipulation, the CLIENT accepts that once the payment for the requested service has been made, WEBEMPRESA does not guarantee the registration or transfer of the domain name, especially if said name:

(a) is already in use or reserved by a third party on the “first come, first served” principle or

(b) the selected term is contrary to the Law, infringes the rights of third parties or is contrary to the requirements of morality and good customs.
In the event that said registration or transfer cannot be processed, WEBEMPRESA will proceed to refund the total amount disbursed in the shortest possible time. The provision of registration services will be understood, in any case, subject to strict compliance by the CLIENT with the following terms:

I. Being the legitimate owner of the rights related to the domain name whose registration is requested or, at least not infringing or violating any right of third parties.
II. Use the domain name only in accordance with the uses for which it was intended.
III. Observe and comply with the requirements and rules of both ICANN, which can be consulted at www.ican.org, and the specific regulations of RED.ES, which can be consulted at www.nic.es, as well as the requirements and rules established in the links www.eurid.eu, for .eu domains and in www.domini.cat for .cat domains and which form an indissoluble part of these conditions.
IV. Observe and comply with the requirements and rules of the Registrar Entity(ies) subcontracted by WEBEMPRESA.
V. Observe all the rules and conditions that WEBEMPRESA may impose on the use of services and/or on the use of domain names registered through WEBEMPRESA and where WEBEMPRESA has acted as an intermediary between the CLIENT and the registrar authority or entity.
VI. Do not use the website under the domain name, or the services provided, to carry out activities contrary to the laws, morality and/or public order. Likewise, the CLIENT undertakes not to use the service for illicit or prohibited purposes or effects, harmful to the rights and interests of third parties, WEBEMPRESA declining any responsibility that may derive from it.
VII. The CLIENT may not publish or transmit violent, obscene, illegal, abusive, xenophobic or defamatory content.
VIII. The CLIENT may not use the mail server for purposes of spam, phishing, spreading viruses, or any other fraudulent or criminal activity.

Promotions. The free domain registration or transfer promotion is applicable to new hosting service contracts for contract periods of at least 1 year. The promotion includes free registration or transfer of a domain with the extensions: com, .es, .net, .org, .eu, .info, .com.es, .org.es, .com.mx, or .com.co. The promotion will be valid for the registration or transfer of a domain at the time of contracting the service or in the 45 days following its activation date.

Billing periods. Billing will be carried out once the order has been processed and payment verified, in accordance with the CLIENT’s instructions at the time of requesting the service through the web.

Domain renewal. The CLIENT is responsible for paying the invoice corresponding to the renewal of the domain, which if it does not occur upon expiration, the domain will expire, without being able to claim anything from WEBEMPRESA due to such expiration due to non-payment of the domain renewal.

WEBEMPRESA will notify several times of the proximity of the renewal date, giving the client sufficient time to carry it out or decline the renewal. Said notifications will be made to the email provided by the CLIENT.

Likewise, the invoice corresponding to the renewal will be made available to the CLIENT 30 days before the expiration date of the domain. If the CLIENT does not pay for the renewal, WEBEMPRESA assumes that they are not interested in renewing the domain, so the loss of the domain will be the sole responsibility of the CLIENT.

By accepting our contracting conditions, you agree to the conditions set forth in the document model: Particular conditions and allocation rules for .es domains

By accepting our contracting conditions you agree with the contract conditions provided by the entities EURID and Fundació .cat, as established in their regulations:

By accepting our contracting conditions, you agree with the contract conditions provided by the world entity that officially regulates the domain name system, ICANN, the full content of which you can consult here. You can also check the resources they offer on their website in relation to domain names and their management, and check their Whois database at the following links:

In accordance with the provisions of this Agreement and ICANN policies:

I. The Registered Name Holder will provide WEBEMPRESA with accurate and reliable contact details, and promptly correct and update them for domain name registration, including: full name, postal address, email address, telephone number, and primary and secondary servers; in the event that the Holder of the Registered Name is an organization, association or commercial company, the name of the person authorized for contact purposes.
II. Any falsehood, inaccuracy or deliberate omission in the provision of the contact information provided or failure to respond within 15 business days to inquiries from WEBEMPRESA in relation to the accuracy of the contact information provided for the registration of the Registered Name Holder. They will constitute a material breach of the existing contract and will be the basis for cancellation of the domain name registration.
III. A domain name holder who wishes to license the use of the domain name to a third party must provide and update complete and accurate contact information in the event that it is necessary to resolve any issues that may arise in connection with the registered domain name.
You will accept responsibility unless you provide, in the shortest possible time, current contact information. Giving the necessary data to the owner about the punishable damage caused by this contact.
IV. WEBEMPRESA will notify each owner of a new registered or renewed domain name, the purposes for which the collected personal data is intended, the recipients or group of recipients of the data, the mandatory data and what data is voluntary (if any) and the steps to follow to modify or correct such data.
V. The CLIENT consents to the data processing referred to above.
VI. The CLIENT declares that the personal data provided by a third party in the registration of a domain name have been provided by obtaining the consent of that third person.
VII. WEBEMPRESA will not process the personal data collected from the owner of the domain name, in a different way with the purposes and other limitations informed to the owner of the domain name, by virtue of the aforementioned.
VIII. WEBEMPRESA will take all reasonable precautions to protect personal data against loss, illegal use, unauthorized access or disclosure, alteration or destruction.
IX. The Registered Name Holder agrees that the domain name registration shall be subject to suspension, cancellation or transfer in accordance with any specification or policy adopted by ICANN, or in accordance with any procedure of the registrar or registry that is not inconsistent with an specification or policy adopted by ICANN: (1) to correct errors in registering the name or (2) for the resolution of disputes relating to the registered name.
X. The CLIENT will indemnify and hold harmless the Registry or Registry Operator (entity authorized by ICANN that manages and maintains the Database corresponding to each Top Level Domain Name) and its directors, officers, employees and agents from and against any claim/complaint, damage, liability, cost and expenses (including reasonable legal fees and expenses) that may arise in relation to the registration of a domain name.

Regarding domain name dispute resolution:

By accepting our contracting conditions, the CLIENT agrees to accept The Uniform Policy for Dispute Resolution regarding domain names, the the Regulations for a Uniform Domain Name Dispute Resolution Policy, the additional rules of the selected administrative dispute resolution service provider and the additional rules that may apply due to the territorial code of the disputed domain.

WEBEMPRESA, the Registrar and the Registry or Registry Operator are not responsible for the damages that could be caused if a domain name is challenged in the face of a domain name conflict, either at the level of technical or administrative operation, or the result thereof.

WEBEMPRESA will not act as an arbitrator in the resolution of disputes between the CLIENT and third parties for the use of a domain name.

The CLIENT will submit, without prejudice to any other jurisdiction that may be applicable, to the jurisdiction of the domicile of the domain owner, according to the WHOIS data thereof, or to that of the domicile of the registrar.

3.2 Accommodation Services

Resources and availability. WEBEMPRESA guarantees the CLIENT the availability of the contracted storage space. The CUSTOMER may request capacity increases, such increases being invoiced in accordance with the prices in force at the time the contracting is carried out. WEBEMPRESA guarantees the repair and/or replacement of the assigned resources in the event that they do not meet the minimum service levels, unless such non-compliance is due to force majeure, or causes beyond its control.

Monthly transfer. In hosting plans with unmetered monthly transfer, Webempresa does not limit transfer consumption to a defined quota of monthly traffic, but allows the transfer consumption that the client’s projects require, as long as it adjusts to a reasonable use dynamic. Reasonable use is understood to be the consumption profile of a standard web project, derived from the development activity on the website, the traffic of visits and the use of email. If the Webempresa technical team detects consumption caused by irregular actions (hotlinking, unauthorized access, etc.) it will contact the client to inform them so that they can apply a solution to the problem. Webempresa reserves the right to temporarily suspend or block access to the service in the event of an irregularity that could put the stability of the network at risk (uncontrolled consumption derived from attacks, for example).

Billing periods. Billing will be carried out once the order has been processed, in accordance with the CLIENT’s instructions at the time of requesting the service through the web.

Our servers are located in the territory of the European Union and in America.

The CLIENT declares to be aware that the availability of the services may be conditioned by various causes. WEBEMPRESA guarantees an availability or uptime of its servers at 99.9% per year, except in the cases of:

(a) involuntary failures in the technological architecture of WEBEMPRESA or any third party contracted for this purpose,
(b) periodic maintenance, repair, update or improvement procedures thereof, as well as
(c) force majeure or any other causes beyond the control of WEBEMPRESA, including, without limitation, interruptions or failures in digital transmission or telecommunications links, congestion at points of access originated or caused by assumptions of intentional attacks or by any other causes.

In hosting plans with measured monthly transfer consumption (those that have a monthly fee defined in their characteristics), in the event that the contracted hosting plan exceeds the monthly bandwidth reflected in www.webempresa.com, the hosting service will not be suspended, generating an invoice on the last day of the month for €1 for every 1GB of traffic that exceeds the limit indicated in the tables of www.webempresa.com. As soon as WEBEMPRESA becomes aware that the contracted bandwidth has been exceeded, it will contact the CLIENT via email for their information, as well as the expenses that will be derived from it.

Dumping the content. WEBEMPRESA will provide the necessary technical processes so that the CLIENT can dump the information in the assigned storage area in the corresponding equipment, as well as to carry out the opportune modifications/updates. The CLIENT guarantees that the information transferred to the technological architecture of WEBEMPRESA has been free of any virus or element of similar significance that, when surreptitiously introduced into the memory of the servers, implies, once activated, the destruction or disabling, in whole or in part, of the stored information or of the physical elements that make such storage possible. The CLIENT will be responsible for the damages caused to Webempresa.

External access to the databases is only allowed through a fixed IP, prior request by the CLIENT and subsequent approval by WEBEMPRESA, to allow access only through mysql port 3306.

Chat applications are not allowed on our hosting due to the high consumption of resources they require. In the event that the server detects that a chat extension is being used and there is a high consumption of resources, access to the chat will be automatically disabled. We recommend that you use SaaS (Software As A Service) chat applications.

We do not support commercial templates, extensions or plugins. In the case of the transfer of websites with extensions or commercial templates, the CLIENT will have to have the original files of the templates or extensions so that, in the event that we detect infections on the web during the transfer, WEBEMPRESA can restore the original business files.

Connections from IPs from non-Spanish speaking countries

By default and for security reasons we restrict connections from IP’s from non-Spanish speaking countries. In the event that the CLIENT needs to have or facilitate access by IPs from non-Spanish-speaking countries, they can enable this access from their “Customer Area” to:

Access the administration of your websites.
Give access to an FTP account.
Check and/or unblock an IP in your account.
Allow SEO trackers.
Give FTP access to an IP.
Access domain email accounts.

In the event that the CLIENT needs to access or connect from a non-Hispanic IP to any service not included in the access control of the “Customer Area”, they must indicate to WEBEMPRESA, by sending a ticket, what services they need to use or what connection characteristics they require, so that WEBEMPRESA’s technical service can assess and enable the IPs they have to access or disable certain security rules that may interfere with the operation of those connections.

WEBEMPRESA is not responsible for any inconvenience or damage that may arise for clients as a result of this security measure, being the client himself the one who must make sure to configure the accesses according to his needs.

3.3 Mail service

Purposes. The email service that WEBEMPRESA offers to the CLIENT is governed by a series of rules and regulations, whose purpose is to achieve the following objectives:

(a) guarantee, at all times, a fast and reliable mail service;
(b) protect the privacy of our customers’ data as much as possible and
(c) avoid any type of abuse of the mail service.

Customer obligations. Apart from those indicated in the general conditions of service, for the mail service the following rules must be taken into account in order to achieve the above objectives:

(a) It is necessary to protect the passwords associated with email inboxes, storing them in a safe place and avoiding their disclosure to third parties. The CLIENT must inform WEBEMPRESA in the event of the loss or theft of their email passwords.
(b) The CLIENT will be solely responsible for the misuse of their email accounts, whether due to negligence or abusive use of the service.
(c) People who violate email security systems and, in general, any WEBEMPRESA system, may incur civil, criminal or any other type of liability. WEBEMPRESA will collaborate to the greatest extent possible to investigate this type of act, delivering, where appropriate, the information required by the state security forces and judicial bodies for the prosecution of this type of act.
(d) In addition to those indicated in these conditions, the following actions are expressly prohibited for the email service:
- (i) Sending illegal content, such as advocating terrorism, pirate programs, child pornography, threats, scams, pyramid enrichment schemes, viruses or hostile code in general, etc.
- (ii) Massive dissemination of messages, especially unsolicited advertising. The continuous and daily sending of thousands of email messages is also prohibited. WEBEMPRESA’s email service is a tool for the exchange of information between people, not a tool for mass dissemination of information. The sending of bulletins or newsletters from WEBEMPRESA servers must comply with the guidelines established by the WEBEMPRESA technical service and at least the Plan contracted must be Medium. The CLIENT must accept the rules for sending mass emails indicated by the technical department. In the event that the CLIENT fails to comply with the procedure indicated by the technical service, WEBEMPRESA may cancel the service to the CLIENT.
- (iii) Any type of attack aimed at hindering or hindering the mail service or other services. Known attacks by sending a high number of messages per second are included.
- (iv) It is also prohibited to falsify email headers, regardless of the objective pursued.

Each of the hosting plans marketed by Webempresa has a limited quota for sending emails per hour (defined in the characteristics of each service), which can be used as long as the client makes “clean” mailings to “clean” mailing accounts or mailing lists, that is, they do not include criteria or conditions that could cause the mailings to be classified as SPAM or affect the reputation of the IPs of Webempresa servers.

Failure to comply with these obligations by the CLIENT, will imply that WEBEMPRESA will warn them of such non-compliance via email and in the event that the CLIENT ignores such warning, WEBEMPRESA may cancel the service provided to the CLIENT within a period of 24 hours.

Obligations of Webempresa. WEBEMPRESA, for its part, assumes the following commitments:

(a) Try to prevent, as far as WEBEMPRESA is able, CLIENTS from making any type of abuse of their email service.
(b) Use the maximum of technical and human resources to protect our CLIENTS against internal or external attacks, via email, of any kind.
(c) Seek continuous improvement of the service, among other ways, through compliance with the rules of this document.
(d) Protect through technical measures and organizational requirements for the protection and safety of the user, in compliance with the duty of confidentiality.

Billing periods. Billing will be carried out once the order has been processed, in accordance with the CLIENT’s instructions at the time of requesting the service through the web.

3.4 Technical Service Forum on CMS (Content Management System.- Content Management System)

Technical support on particular topics related to WordPress, Joomla and PrestaShop is only provided, exclusively, for clients with Medium, Maxi, WP L and XL Hosting plans, WpFácil Hosting with all Divi Hosting plans, clients with Professional plans (6GB) or superiors in the High Performance Elastic Hosting service line, clients of Agency Licenses, Mautic Hosting, Cloud Hosting and Dedicated Hosting, through the free forum found on the web that can be accessed through the following link: https:/ www.webempresa.com/foro. PrestaShop support will only be offered to customers who have PrestaShop Professional or higher hosting plans contracted and active at the time of making the query.

To make queries in the forum, the forum’s operating rules must be respected as set forth in the following link: https://www.webempresa.com/reglas.html

The forum is a consultative support tool, Webempresa technicians will not access customer websites in any case to carry out management, maintenance, optimization or any other change or configuration tasks.

The forum is attended by WEBEMPRESA technicians, limited to issues related to WordPress, Joomla and PrestaShop. Support requests on other platforms or tools unrelated to WordPress, Joomla or PrestaShop will not be accepted.

The messages published in the forum will be of a public nature and accessible to be consulted by any user through the Internet.

IV. MODIFICATION OF THE CONDITIONS OF CONTRACT

WEBEMPRESA reserves the right to modify or replace these contracting conditions as a result of the modification, evolution and promulgation of laws, regulations and rules applicable to the provision of the service and/or aspects related to them. The CLIENT is responsible for periodically consulting and reviewing whether changes have been made to the general contracting conditions. Therefore, it is advisable to review the contracting conditions periodically to be informed of any changes that may occur.

In case of renewal, if the CLIENT cancels or terminates the services as a result of the modification of the general contracting conditions and is not within the guarantee refund conditions, the service will not be refunded.

In any other case, the modification of the contracting conditions will only take effect with respect to contracts that are made after the date of such modification, maintaining the previous conditions on any modification, with those CLIENTS who have not consented to such modification and until the date of termination of the service.

Except for those contracts that by LOPD legislation remain in force until the expiration date, and in case of having been agreed indefinitely until 05-25-2022.

V. RIGHTS AND OBLIGATIONS OF WEBEMPRESA

5.1 Rights

WEBEMPRESA will have the right:

(a) to receive from the CLIENT the corresponding consideration for the services provided;
(b) to introduce changes or technological improvements in the services provided, as long as said improvements do not negatively affect the CLIENT’s community, nor force an increase in the agreed prices;
(c) to interrupt the services to undertake all those tasks that it deems necessary and/or convenient in order to undertake improvements and/or restructuring of the same, as well as to carry out service maintenance operations. In the latter case, WEBEMPRESA, despite not assuming the obligation to notify these tasks in advance or responsibilities for the consequences that this interruption may have for the CLIENT, will make its best efforts:
- (i) to notify the CLIENT via email, to the extent possible and with reasonable notice, those periods of time in which the Service is interrupted and
- (ii) so that such interruptions affect the CLIENT in a minimal way.
  WEBEMPRESA is not responsible for the interruption of services due to force majeure or if there is a failure of the data network beyond its will and control.
- (d)
  1. Force majeure shall mean, in any case, but not exclusively, the following events: anomalies or failures of internet, data, networks, electricity and telecommunications infrastructure, widespread cyber-attacks, cybercrime, network attacks, distributed denial of service attacks (DDoS), power outages, defective products or software in which the CLIENT has prescribed its use to WEBEMPRESA, any fortuitous event, lightning or fire, internal disturbances, government measures, mobilization war, terrorist attacks, transport obstructions, strikes, blockades, business interruptions, stoppage of supplies, unavailability of one or more members of staff (due to illness), epidemics, pandemics, bureaucratic barriers to import and export.
  2. The party suffering the force majeure event shall not be deemed to be in breach of this contract nor shall it be liable to the other for any delay in performance or failure to perform any obligation under this agreement (and the time for performance shall be extended accordingly) provided that the delay or failure to perform is due to a force majeure event. The application of this clause shall not render ineffective the obligation to pay any amounts then outstanding or which may be due.
  3. If the force majeure event persists for a continuous period of more than one (1) month from the date on which it commenced, the other party may give notice to the party suffering the force majeure event of its intention to terminate the contract.
The notice of termination shall specify the intended date of termination, which shall in no case be less than seven (7) business days from the date on which the notice of termination is given. Once the notice of termination has been validly given, this contract shall be terminated on the termination date set forth in the notice.

WEBEMPRESA is not responsible: for the content hosted in the space attributed to the CLIENT, for possible damage to the CLIENT’s equipment due to incorrect use of the same, virus damage, access provider errors, illegitimate interference by third parties, incorrect configuration by the CLIENT. Likewise, WEBEMPRESA is not responsible for damages that could be caused to third parties or to the CLIENT himself due to improper or illegitimate use made by the CLIENT.

5.2 Obligations

WEBEMPRESA undertakes:

(a) to provide the services in accordance with the terms established in these conditions and
(b) to make their best efforts to guarantee the uninterrupted provision of services twenty-four (24) hours a day, every day of the year.

WEBEMPRESA will try by all means to provide the CLIENT with the services on the agreed date, but will not be responsible for circumstances or events that are beyond its control, such as delay, interruption or malfunction of the services attributable to third-party operators or service companies, lack of access to third-party networks, acts or omissions of public authorities, acts of God or force majeure.

5.3. Customer Support

The technical customer service consists of an online technical assistance service that is provided through a message exchange system called “tickets”. This service includes a diagnostic service, resolution of incidents at the server level, as well as resolution of administrative and commercial queries. Tickets can be sent from the “Customer Area”, in a way that allows a better identification of the CUSTOMER and a more secure provision of said services.

The technical support service on hosting and domains is provided 24 hours a day, 365 days a year. The CLIENT can authorize from the “Customer Area” different email accounts to allow communication with the WEBEMPRESA support team, and therefore authorize them to have information, both from the client account and to carry out requests and tasks in the activated services. WEBEMPRESA will not be in any way responsible for mismanagement by the CLIENT of the authorized contacts in the “Customer Area”.

The technical support service on hosting and domains has a consultative nature, the team of Webempresa technicians will not carry out in any case management, maintenance, optimization tasks or any other change or configuration in the client’s services (websites, domains, mail, etc.)

VI. RIGHTS AND OBLIGATIONS OF THE CLIENT

6.1 Rights

The CLIENT will have the right:

(a) to use the contracted service under the terms and conditions agreed in these conditions and
(b) to receive information regarding the development and implementation of new and/or complementary functionalities to the contracted services.

6.2 Obligations

The CLIENT must:

(a) Comply with payment obligations under the agreed terms and conditions;
(b) actively collaborate with WEBEMPRESA to make the provision of services possible, forcing themselves, for this purpose, to provide the necessary technical data;
(c) not to disturb, impede, interfere, distort or damage the equipment or systems assigned to WEBEMPRESA or third parties;
(d) observe and comply with all security regulations that WEBEMPRESA may impose on the use of its resources:
(e) not to use the services to carry out activities contrary to the laws, morality, public order or to use the services for illicit or prohibited purposes or effects, harmful to the rights and interests of third parties, WEBEMPRESA declining any responsibility that may derive from it. Hosting pornographic content, online gambling, as well as disseminating content or propaganda of a racist, xenophobic nature, advocating terrorism or an attack on human rights are expressly excluded.
(f) The CLIENT undertakes to provide, when registering as a CLIENT, true and exact contact information and to update them duly. Any falsity or inaccuracy in the data provided may be cause for the rejection of your registration request or the temporary suspension of the hosting service, until the erroneous or inaccurate data is corrected. You must inform WEBEMPRESA of any modification of the data provided.
(g) The CLIENT is solely responsible for compliance with the applicable laws and regulations.
(h) THE CLIENT is solely responsible for his username and password, which are personal and non-transferable. Therefore, it is obliged to adopt as many security measures as necessary to preserve its confidentiality.

The infringement of any of the indicated obligations will empower WEBEMPRESA to terminate the contract with the CLIENT, without the latter having the right to any claim. The CLIENT will be notified 24 hours in advance to the email provided and will subsequently proceed to its cancellation.

The following types of use, or reasonable suspicion of use by the CUSTOMER and/or Users of the Network and/or Services shall be considered unacceptable use. Unauthorized use will be considered a material breach of the Acceptable Use Policy (AUP) and this Agreement. The Customer agrees not to use the Service(s) and the Network to store or distribute data/data that:

Contain or refer to malicious content (such as viruses, malware or other malicious software).
Infringe the rights of third parties (such as Intellectual Property Rights), or is patently defamatory, harmful, threatening, abusive, discriminatory, hateful or otherwise objectionable.
Incite or facilitate criminal or fraudulent conduct.
Contain hyperlinks, “torrents” or references to repositories of materials that infringe intellectual property rights.
Contain any type of criminal pornography or are apparently intended to help others find such material.
Constitute a violation of the privacy of third parties, including, in any case, but not limited to the processing of personal data of third parties without their consent or any other reason.
Contain unsolicited, unauthorized or illegal advertising, promotional materials, spam and/or junk mail.
Obstruct other WEBEMPRESA customers or third parties or cause damage to systems or networks WEBEMPRESA or third parties. The CUSTOMER shall not be authorized to initiate processes or programs that the CUSTOMER knows or may know that they are interfering with WEBEMPRESA or third parties, or that may cause damage.

Obligations for resellers of Webempresa domains as registrar:

(a) not display the ICANN logo or the registrar’s logo, in this case WEBEMPRESA.
(b) not present themselves as a registrar, official reseller, or directly accredited reseller by ICANN (unless you have permission to do so).
(c) provide its customers with provisions and notices required by the Registrar Agreement, as well as any ICANN Consensus Policy.
(d) identify the WEBEMPRESA registrar or offer a means of identifying it, such as a link to InterNIC’s Whois query service.
(e) identify the registrar with whom you trade upon your customer’s request.
(f) not use a Whois Privacy service or proxy external to WEBEMPRESA.
(g) provide a link to ICANN Whois: https://lookup.icann.org/
(h) post on your website(s) and/or provide a link to the Domain Registrar Benefits and Responsibilities Specification: http://www.icann.org/en/registrars/registrant-rights-responsi bilities-en.html

If the reseller or reseller does not comply with the conditions of any of the provisions of the agreement, the Registrar Agent, WEBEMPRESA, must adopt reasonable measures to comply with its agreement.

VII. ECONOMIC CONDITIONS

7.1 Prices

As consideration for the services provided, the CLIENT will pay WEBEMPRESA the total amount resulting from applying the prices published in euros (€) on the web. These prices do not include VAT. VAT will be applied. or the corresponding taxes on the price of the contracted services, depending on the territory in which the recipient of the contracted services is located.

The price, taxes and, where appropriate, the additional expenses that the CLIENT must pay before paying them will appear broken down in the web contracting process.

WEBEMPRESA reserves the right to change the prices of its services, at any time, with prior notice of 30 days. The CUSTOMER may terminate the contract in case of disagreement with the new prices, unless the price change represents an advantage to the CUSTOMER, either by inflation or by the increase in prices of material costs of our suppliers.

7.2 Discount coupons

WEBEMPRESA, will have the power to, where appropriate, provide discount coupons for those users who register through the qualified link that WEBEMPRESA has provided to any website attached to its Affiliate Program.

It will also have the power to offer discount coupons at any time it so decides, through its own channels or those of third parties that it deems appropriate, and for those user profiles that it selects, without these promotions having to be an obligatory application for all web users.

Likewise, WEBEMPRESA will have the power to revoke the validity of these coupons at any time and without prior notice, without the user having the right to claim their application.

7.3 Billing

The proforma invoice for the services is generated with the order made by the CLIENT or 30 days in advance in cases of renewal of services, becoming marked as a paid invoice when the CLIENT makes the electronic payment or once the recurring forms of payment activated are sent and the payment is made to the CLIENT’s account.

The activation of the service, as well as the beginning of the billing period of the contracted service, will begin on the same day that WEBEMPRESA notifies the CLIENT of the acceptance of the contract or from the moment WEBEMPRESA proceeds to activate the contracted service, whichever comes first.

The services will be invoiced annually or in accordance with the billing calendar agreed in particular with the CLIENT.

The invoices for the provision of the Services will include the Value Added Tax (I.V.A.) that, where appropriate, corresponds according to the applicable rate at any time, making the legal withholdings that WEBEMPRESA has the obligation to make for its entry into the Public Treasury on behalf of the CLIENT. In the case of countries other than Spain, the current taxes that WEBEMPRESA has the obligation to apply to comply with its tax and regulatory obligations will be applied.

The CLIENT expressly consents to the issuance of the electronic invoice. The electronic invoice will be received by email or can be downloaded by the CUSTOMER through the “Customer Area”. The CLIENT who is considered a consumer and user may revoke that consent by sending an email to that effect to the address: comercial@webempresa.com.

The CLIENT, by accepting these contracting conditions, is giving their express consent for WEBEMPRESA to make available, by electronic means and via telematics, the electronic invoices that it issues. WEBEMPRESA will not issue or send invoices to the client in printed supports, the CLIENT having the possibility of printing those that he wishes by downloading them from his “Customer Area”.

7.4 Method of payment

Unless otherwise indicated, the CLIENT will make the payment through the payment method indicated at the time of contracting. The client authorizes Webempresa to launch and make effective the authorized payment orders through active recurring payment methods in the service contracting and management platform. WEBEMPRESA is not responsible for possible problems in the continuity of the service derived from problems in the payment gateways that prevent payment operations from being completed.

In the case of making the payment by transfer or in cash (form of payment that may be available through the PayU payment platform depending on the place where THE CLIENT is located), the payment will be made effective and the activation or renewal of services will be completed when the deposit is effective in our PayU account. It could take several days from the time the payment is made until the PayU gateway detects the payment and applies the corresponding procedure. Webempresa does not commit to completing these procedures within a specific period in these cases, always recommending payment by card for automatic activation.

7.5 Card Payments

In the cases that the CLIENT selects Credit/Debit Card as the method of payment, the payment of the invoices will be charged to the bank card number provided by the CLIENT. The CLIENT expressly authorizes WEBEMPRESA to charge the Card automatically on all their invoices, during the entire period of validity of the contractual relationship.

7.6 Penalty

In case of return, delay or non-payment, WEBEMPRESA may suspend, at any time and without the need for prior notice, all or part of the services, as well as the possibility of preventing the CLIENT from contracting new services at WEBEMPRESA.

In the event that the CLIENT has reversed a charge made by WEBEMPRESA, the new invoice that is generated in order to recover the service will be issued with a different form of payment than the original.

Likewise, the new invoice will include those commissions that the payment gateway has charged to WEBEMPRESA for the original retrocession made by the CLIENT.

VIII. DURATION AND TERMINATION

8.1 Term

The contractual relationship between WEBEMPRESA and the CLIENT will take effect at the moment WEBEMPRESA notifies the CLIENT of the acceptance of the contract or from the moment WEBEMPRESA proceeds to activate the contracted service, whichever is the first to take place. To this end, the CLIENT must have satisfied the invoice generated at the time of requesting the service. Likewise, it will have the initial duration defined by the CLIENT at the time of activation and service request.

Once the initial duration period has ended, it will be understood that this is the date of termination of the service.

The CLIENT may request the extension of the contracted service, provided that he accepts the modifications that, if applicable, may occur in the contracting conditions, being informed to this effect by WEBEMPRESA.

Notwithstanding the foregoing, the CLIENT who wishes to migrate the contracted service to a higher level contracting plan may do so at any time, from their own “Customer Area” and paying the difference in costs between the two plans and prorating for the period (in days) remaining until service renewal.

8.2 Termination

These contracting conditions, in relation to each of the services that in each case proceed, will end for the reasons admitted both in the Civil Code and in the Commerce Code and, specifically, for the following:

(a) by the expiration of the term of validity or any of its extensions;
(b) by mutual agreement between the parties expressly stated in writing and
(c) due to the early resolution of the contracting conditions in accordance with the terms and conditions that are developed in the following clause. In any case, the termination of the contractual relationship will not exonerate the parties from compliance with the pending obligations.

Without prejudice to the power to terminate the contractual relationship established in the previous paragraph, WEBEMPRESA may withdraw or suspend at any time and without prior notice the provision of services to the CLIENT in the event of non-compliance with any of the obligations assumed by the latter under these contracting conditions, being able to claim, where appropriate, from the CLIENT the damages and losses that could be incurred due to such non-compliance.

8.3 Unilateral termination by the CLIENT

(a) by the expiration of the term of validity or any of its extensions;
(b) by mutual agreement between the parties expressly stated in writing and
(c) due to the early resolution of the contracting conditions in accordance with the terms and conditions that are developed in the following clause. In any case, the termination of the contractual relationship will not exonerate the parties from compliance with the pending obligations.

8.4 Other causes of termination

Notwithstanding the foregoing, the parties may terminate the relationship at any time, in the event that the other party:

(a) fails to comply seriously or repeatedly with the obligations assumed in this document;
(b) a court agrees to its liquidation and/or dissolution, and/or a judicial administrator or other similar position is appointed in relation to all or any part of its assets or patrimony and
(c) in the event of any of the causes provided for in the laws.

IX. SERVICE GUARANTEES

9.1 Quality of Service

WEBEMPRESA undertakes to make every effort to maintain a high level of compliance with its obligations regarding the continuity of the service, without prejudice to the fact that WEBEMPRESA cannot guarantee, explicitly or implicitly, the continuity of the services at a given time due to circumstances caused by problems in the Internet network, breakdowns in computer devices and other unforeseeable circumstances. Thus, the CLIENT agrees to support these circumstances within reasonable limits, for which reason he expressly waives any claim to WEBEMPRESA for any contractual or extra-contractual liability for possible failures, errors and use of the contracted service.

WEBEMPRESA guarantees an activity time or annual uptime of at least 99.9%.

Below an activity time of 99.9%, provided that the circumstances are attributable to WEBEMPRESA, it will compensate the client with one month of free hosting for each 1% that falls below that percentage, up to the limit of the total number of months contracted.

9.2 Right of withdrawal

The CLIENT has the right to withdraw from contracting hosting services within a period of 45 calendar days from the registration in the service without the need for justification.

The withdrawal period will expire 45 calendar days from the date of delivery of the contracted product.

To exercise the right of withdrawal, the CLIENT must obligatorily notify his decision to withdraw from the contract through the specific option of the “Customer Area”. Any cancellation or withdrawal request notified solely by email, ticket or chat will not be considered valid or managed; In any case, it will be necessary for the CLIENT to complete the cancellation procedure by clicking on the corresponding ‘Cancel’ button that is included in the “Customer Area” for each hosting service.

To comply with the withdrawal period, it is enough that the communication regarding the exercise by the USER of this right is sent in the correct way before the corresponding period expires.

9.3 Consequences of withdrawal

In the event of withdrawal by the CLIENT within the corresponding period, all payments received from the CLIENT will be returned and, in any case, no later than 14 calendar days from the date on which WEBEMPRESA is informed of such decision to withdraw from the contract. WEBEMPRESA will proceed to make said refund using the same means of payment used by the USER for the initial transaction.

Exceptions to the right of withdrawal
In accordance with the provisions of articles 103 a) and c) of Royal Legislative Decree 1/2007, of November 16 (Consumers and Users Law of 2007), the CLIENT will not hold the right of withdrawal with respect to the management of registration and/or transfer of domains, as well as the contracting of SSL security certificates, since these are services that are carried out according to the CLIENT’s specifications – which specifically chooses the domain name to register – or clearly personalized that, by its nature, cannot be returned. In the same way, the provision of the service begins before the end of the period established by the regulations for its exercise, upon request of the contracting person, who is aware that once the contract is fully executed by WEBEMPRESA, he loses his right of withdrawal. The execution of the domain registration and renewal service occurs practically simultaneously with its contracting.

9.4 Other causes of termination

Notwithstanding the foregoing, the parties may terminate the relationship at any time, in the event that the other party:

(a) fails to comply seriously or repeatedly with the obligations assumed in this document;
(b) a court agrees to its liquidation and/or dissolution, and/or a judicial administrator or other similar position is appointed in relation to all or any part of its assets or patrimony and
(c) in the event of any of the causes provided for in the laws.

X. LIABILITY SYSTEM

10.1 General Regime

Unless in these contracting conditions or in the Law the contrary is expressly imposed and, exclusively, to the extent and extent to which it is imposed, WEBEMPRESA will only be liable for direct damages suffered by the CLIENT, and only when they have been caused by causes attributable to WEBEMPRESA.

WEBEMPRESA liability to the CUSTOMER under this contract may not exceed, in any case, the value of the cost of 12 months of the services paid.
WEBEMPRESA be liable to the CUSTOMER for damages and losses directly and foreseeably caused by the same. In the event that WEBEMPRESA not comply with the terms and conditions agreed shall be liable for loss or damage that the CUSTOMER may suffer that is, direct and foreseeable as a result of breach of contract or lack of diligence, but it shall not be understood that there is liability for any loss or damage that is not direct and foreseeable. When the loss suffered includes a series of related events, they shall be considered under these terms as a single event.
WEBEMPRESA not exclude or limit its liability to the CUSTOMER when so determined by applicable law. This includes liability for death or personal injury caused by negligence or negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
WEBEMPRESA shall not be held liable for commercial losses. If the CUSTOMER uses the products for any commercial, business or resale purposes, WEBEMPRESA shall have no liability whatsoever to the CUSTOMER for any loss of profit, loss of business, business interruption or loss of business opportunities it may suffer.
WEBEMPRESA shall not be held liable for any damage or loss, whether direct or indirect, that you may suffer as a result of any virus, Trojan or other disabling device affecting the services or systems, whether under our control or not, caused by your failure to adequately protect your system.
The CLIENT and WEBEMPRESA expressly exclude any right of third parties who, for whatever reason, may have to enforce the terms of this contract as if they were part of it.

WEBEMPRESA will not be in any way responsible for:

(a) the costs, fines, sanctions, compensation, charges, damages or fees derived as a consequence of the CLIENT’s breach of its obligations;
(b) the content, use and publication of the information and communications distributed through the services as well as the use and results obtained from the services by the CLIENT and its users;
(c) the CLIENT’s violation of any rule that may be applicable due to or in relation to the use of the services.

The CLIENT is and will be solely responsible for:

(a) the use you make of the services provided;
(b) full compliance with any rule that may be applicable due to or in relation to the use of the services, including, by way of example but not limitation, the rules of use of the services provided, the provisions on data protection, international communications, export of technological information, protection of consumers and users, confidentiality, secrecy of communications and right to privacy.

In this sense, the CLIENT undertakes to adopt the appropriate measures to avoid any illegitimate interference in the privacy of natural or legal persons that entail a violation of the right to honor of third parties.

10.2 Disclaimer

WEBEMPRESA will not be responsible for problems arising from lack of access or problems inherent to internet connectivity or electricity networks when these originate from causes beyond its control or causes that could not have been foreseen by the parties or that, even if foreseeable, WEBEMPRESA has made all reasonable efforts to avoid them or that were considered as fortuitous causes or force majeure.

Webempresa will not be responsible for possible problems derived from the provision of the free SSL certificate service, since the certifying entity is in charge of the provision and correct functioning of these certificates. In case of problems or anomalies in these free certificates, Webempresa will do everything possible to restore the service and offer alternatives to the client, but it will not be responsible for the consequences that could arise from them for the clients.

WEBEMPRESA does not intervene in the creation, transmission or making available of the CLIENT’s content and does not exercise any kind of prior control or guarantee the legality, infallibility and usefulness of the content transmitted, disseminated, stored, received, obtained, made available or accessible through or through the services, declining any responsibility that may derive from it.

In order to prevent and prosecute infractions in which WEBEMPRESA may be declared subsidiary civil liability, the CLIENT expressly authorizes WEBEMPRESA to provide the data and access to the content that is required by the competent authority, as well as by the State security forces, in the course of a police investigation.

XI. DSA

1. Webempresa Europa S.L, (hereinafter the “WEBEMPRESA”) including its subsidiaries, adheres to the measures set out in EU Regulation no. 2022/2065 “Digital Services Act” (hereinafter “DSA”). Users are responsible for the content they upload, share or make available on our services. Any content that violates the DSA, or other applicable law, or our Terms and Conditions will be subject to removal, and users will also be subject to suspension or termination of your account at the initiative of “WEBEMPRESA”.
2. WEBEMPRESA will cooperate with the relevant authorities as required by the applicable regulations and the DSA, including providing information (including personal data) and assistance in investigations. The single point of contact for the competent authorities of the Member States, the Commission and the Board, will be in English or Spanish, through the following e-mail address: abuse@webempresa.eu.
3. If any natural person or entity becomes aware of the presence on the “WEBEMPRESA” service of specific items of information and/or content that the natural person or entity would consider could be illegal content, the natural person or entity may contact “WEBEMPRESA” through its single point of contact via the following e-mail address: abuse@webempresa.eu and send a notification that, in accordance with the provisions of Article 16 of the DSA, complies with all of the following requirements:
1. A sufficiently reasoned explanation of the reasons why the natural person or entity considers the information in question to be illegal content.
2. A clear indication of the exact electronic location of that information, such as the exact URL(s) and, where appropriate, additional information enabling the identification of the illegal content tailored to the type of content and the specific type of data hosting service.
3. The name and an e-mail address of the natural person or entity sending the notification, except in the case of information deemed to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU;
4. A statement confirming that the person or entity sending the notification has a good faith belief that the information and representations in the notification are accurate and complete.

XII. INTELLECTUAL AND INDUSTRIAL PROPERTY

In addition, the WEBEMPRESA website – its own contents, programming and design of the website – is fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited except with the express consent of WEBEMPRESA.

XIII. PERSONAL DATA

13.1 Privacy Policy

The privacy policy provided for in the legal notice and privacy policy published on the web will apply and to which we refer in order to avoid unnecessary repetitions in relation to the CLIENT’s personal data, provided by the CLIENT, for the provision of the contracted service.

However, we indicate the following information:

The personal data that you provide us for the contracting of our services will be used to manage said service. It is possible that we collect additional information during the contractual relationship as documents proving your identity to, for example, recover a domain. The legal basis for data processing for this purpose is the execution of these contractual conditions.

Likewise, your data may be used to send you information about our products and services by electronic means. The legal basis for the processing of your data for this purpose is the legitimate interest of Webempresa to retain its customers and keep them informed about our services that may be of interest to them. You may oppose the receipt of said information through the simple and free procedure that we make available to you in each commercial communication.

WEBEMPRESA may use, within its affiliate program, the domain data, owner, contracted plan and renewal dates for the sole purpose of generating the corresponding supporting reports.

WEBEMPRESA can record the telephone calls made to the number 91.091.2834, with the aim of improving its services. In this case, it will be warned at the beginning of the locution.

Anyone has the right to obtain confirmation as to whether WEBEMPRESA is processing personal data that concerns us or not.

Interested persons have the right to:

Request access to personal data relating to the interested party.
Request its rectification or deletion.
Request the limitation of your treatment.
Oppose the treatment.
Request data portability.

Interested parties may access their personal data, as well as request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected. In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims.

In certain circumstances and for reasons related to their particular situation, the interested parties may oppose the processing of their data. Webempresa, S.L. will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. As an interested party, you have the right to receive the personal data that concerns you, that you have provided and to receive them in a structured format, commonly used and in clear and simple language, and to transmit them to another data controller when:

The treatment is based on consent.
The data has been provided by the interested party.
The treatment is carried out by automated means.

By exercising your right to data portability, you will have the right to have personal data transmitted directly from controller to controller when technically possible.

Interested parties will also have the right to effective judicial protection and to file a claim with the control authority, in this case, the Spanish Agency for Data Protection, if they consider that the processing of personal data that concerns them violates the General Regulation for the Protection of Personal Data and /or the Organic Law on Protection of Personal Data and Digital Rights.

13.2 Processing order

The client is in any case the person in charge of the Treatment of the data hosted in their hosting services. By default, Webempresa’s hosting services incorporate a microcache system. If the client needs this microcache to be deactivated from their service to comply with any aspect of data protection regulations, they must explicitly request this deactivation from our technical team through our ticket system.

In those cases in which WEBEMPRESA needs to access personal data incorporated into files that are the responsibility of the CLIENT’s client (FILE RESPONSIBLE), it will assume the obligations of the DATA PROCESSOR, in accordance with article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which repeals Directive 95/46/CE (General Data Protection Regulation, GDPR) and which are contemplated below:

Purpose of processing:

Through these clauses, the person in charge of the treatment is enabled to process on behalf of the person in charge of the treatment, the personal data necessary to provide the stipulated service: web hosting of the systems and other complementary ones through the Internet, such as; webmail; web hosting and other analogues.

Identification of affected information:

Data processed:

Client data:

Identification: Name and surname, email, telephone, postal address, NIF, IP, MAC.
Metadata: Browser used; Operating system used; Hours and location of access; other analogues.
Financial.

Data hosted:
Those stored by the client when he uses web hosting services, such as; webmail; web hosting and other analogues in the information that the client uploads to their own or third-party systems.

Stakeholder Categories:

Customer data: customers.
Hosted data: as many categories as types stored by customers.

Authorized processing operations:

Communication.
Conservation/storage.
Copy.
Encryption.

Duration:
The service will have the initial duration defined by the CLIENT at the time of activation and service request.

Obligations of the Data Processor

The DATA PROCESSOR and all his staff undertake the following:

(a) The Data Processor assumes all the obligations established in Regulation (EU) 2016/769 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/46/EC (RGPD), the Organic Law on Protection of Personal Data and other applicable regulations, its development regulations; as well as those that derive from the stipulations that are regulated in this contract.
(b) The person in charge of the treatment will only and exclusively process the data provided by the person in charge of the Treatment with the purpose of providing the services that are part of the contractual relationship that he maintains with the person in charge of the treatment.
(c) The list of new services or the identification of new uses or purposes of use of the data will require a new agreement between the parties and/or an update of this contract.
(d) In no case may the person in charge of the treatment use data for its own purposes.
(e) If the Data Processor considers that any of the Data Controller’s instructions infringes the GDPR or any other data protection provision of the Union or the Member States, the Data Processor will inform him immediately.
(f) The person in charge of the treatment undertakes to keep, in writing, a record of all the categories of treatment activities carried out on behalf of the person in charge, which contains:

(i) The name and contact details of the Manager and of each Manager on behalf of whom the Manager acts and the representative of the Manager or Manager and the Data Protection Officer.
(ii) The categories of processing carried out on behalf of each Controller.

(g) Where applicable, transfers of personal data to third countries or international organizations, including identifications of such third countries or international organizations and documentation of adequate guarantees.
(h) A general description of the technical and organizational security measures relating to:

(i) The pseudonymization and encryption of personal data.
(ii) The confidentiality, integrity, availability and permanent resilience of the treatment systems and services.
(iii) The guidelines to restore the availability of personal data quickly, in case of incident physical tooth.
(iv) The procedure for regular verification, evaluation and assessment of the effectiveness of the technical and organizational measures to guarantee the security of the treatment.

(i) The person in charge of the treatment undertakes not to communicate the data to third parties, unless it has the express authorization of the Treatment Manager, in the legally admissible cases.
The Processor may communicate the data to other Treatment Managers of the same Controller, in accordance with the Controller’s instructions. In this case, the Responsible will identify, in advance and in writing, the entity to which the data must be communicated, the data to be communicated and the security measures to be applied to proceed with the communication.
(j) If the Processor must transfer personal data to a third country or to an international organization, by virtue of the Law of the Union or of the Member States that is applicable to it, it will inform the Controller of this legal requirement in advance, unless such Law prohibits it for important reasons of public interest.
(k) The Processor is authorized to subcontract the auxiliary services necessary to support the general structure of the Treatment Manager, for example: telecommunications services, hardware maintenance, outsourcing of tax, accounting and social obligations; cleaning, financial audit and other similar. All this, without prejudice to the fact that the Treatment Manager must sign the corresponding Treatment Manager contracts with such subcontractors.
(l) If for the provision of the service provided to the Treatment Manager, the Treatment Manager needs to subcontract directly necessary means or services with those that are the subject of the main contract, then they must be previously authorized by the Treatment Manager expressly and in writing, which must be identified by name or company name, as well as the specifically subcontracted service they provide. All this, prior to his intervention in the provision of the service to the Treatment Manager.
(m) The subcontracted providers that provide services directly related to the data processing of the subscribed service, which are authorized when subscribing the service.
(n) In any case, the subcontractor, who also has the status of Treatment Manager, is also obliged to comply with the obligations established in this document for the Treatment Manager and the instructions issued by the Responsible. It is the responsibility of the initial Manager to regulate the new relationship, so that the new Manager is subject to the same conditions (instructions, obligations, security measures…) and with the same formal requirements as him, in relation to the proper treatment of personal data and the guarantee of the rights of the affected persons. In the event of default by the sub-processor, the initial Processor will remain fully responsible to the controller for compliance with the obligations.
(ñ) The person in charge of the treatment has the obligation to maintain the duty of secrecy regarding the personal data to which he has access, even after the purpose of this assignment ends.
(o) Only those employees of the Treatment Manager who have among their functions the fulfillment of the provision provided for in this contract and could not fulfill their obligations without having access to them will process the data of the files. Said persons must observe the legal obligation of confidentiality.
(p) In addition, the person in charge of the treatment must:

(i) Ensure that the persons authorized to process personal data undertake, expressly and in writing, to respect confidentiality and comply with the corresponding security measures, of which they must be duly informed.
(ii) Keep available to the person responsible for the treatment the documentation proving compliance with the obligation established in the previous section.
(iii) Take care of the necessary training on the protection of personal data of the persons authorized to process personal data.
(iv) Assistance to the controller in the exercise of Rights by Third Parties.

(q) The person in charge of treatment must assist the Treatment Manager in the exercise of the rights of:

(i) Access, rectification, deletion and opposition.
(ii) Limitation of processing.
(iii) Data portability.
(iv) Right to be forgotten.
(v) Not to be subject to automated individualized decisions (including profiling).

When the affected persons exercise the rights of access, rectification, deletion and opposition, limitation of treatment, data portability and not to be subject to automated individualized decisions, before the DATA PROCESSOR, this You must communicate it by email to the address comercial@webempresa.com

The communication must be made immediately and in no case beyond the business day following the receipt of the request, together, where appropriate, with other information that may be relevant to resolve the request.

It is the responsibility of the person responsible to provide the right to information at the time of data collection.

The DATA PROCESSOR will notify the DATA CONTROLLER, without undue delay, and in any case before a maximum period of 72 hours and, via email, of the breaches of the security of the personal data in his charge of which he is aware, together with all the relevant information for the documentation and communication of the incident.

Notification will not be necessary when it is unlikely that said security breach constitutes a risk to the rights and freedoms of natural persons.

In the case of having to notify, the following information will be provided, as a minimum:

Description of the nature of the personal data breach, including, where possible, the approximate number of data subjects affected, and the categories and approximate number of personal data records affected.
The name and contact details of the data officer or other contact point where more information can be obtained.
Description of the possible consequences of breaching the security of personal data.
Description of the measures adopted or proposed to remedy the breach of the security of personal data, including, if applicable, the measures adopted to mitigate the possible negative effects. If and to the extent that it is not possible to provide the information simultaneously, the information will be provided gradually without undue delay.

Notification of data security breaches:

It is the responsibility of the DATA PROCESSOR to notify the data security violations in the shortest possible time to the Data Protection Control Authority and to the interested parties, when it is probable that the violation poses a high risk to the rights and freedoms of natural persons. The communication must be made in clear and simple language and must, as a minimum:

Explain the nature of the personal data breach, including, where possible, the categories and approximate number of data subjects affected, and the categories and approximate number of personal data records affected.
Indicate the name and contact details of the data protection officer or other contact point where more information can be obtained.
Describe the possible consequences of breaching the security of personal data.
Describe the measures adopted or proposed by the DATA CONTROLLER to remedy the breach of personal data security, including, if applicable, the measures adopted to mitigate the possible negative effects. If and to the extent that it is not possible to provide the information simultaneously, the information will be provided gradually without undue delay.
Make available to the CONTROLLER all the information necessary to demonstrate compliance with its obligations, as well as to carry out audits or inspections carried out by the CONTROLLER or another auditor authorized by him.
Implement the necessary technical and organizational security measures to:
Guarantee the confidentiality, integrity, availability and permanent resilience of treatment systems and services.
Restore availability and access to personal data quickly, in the event of a physical or technical incident.
Verify, evaluate and assess, on a regular basis, the effectiveness of the technical and organizational measures implemented to guarantee the safety of the treatment.
Pseudonymize and encrypt personal data, if applicable.
If a data protection officer is appointed, his identity and contact details will be communicated to the CONTROLLER.
Destroy or return to the DATA CONTROLLER the personal data and, if applicable, the supports where they are recorded, once the service has been completed. The return must involve the total deletion of the existing data on the computer equipment used by the person in charge. However, the PROCESSOR may keep a copy, with the data duly blocked, as long as responsibilities may arise from the execution of the service.

Impact evaluations:

The person in charge of the treatment will support the person in charge of the treatment in carrying out the evaluations impact actions related to data protection, when applicable.

Control and Audit:

The person in charge of the treatment makes available to the person in charge all the information necessary to demonstrate compliance with its obligations, as well as to carry out the audits or inspections carried out by the person in charge or another auditor authorized by him.

Security Measures:

The person in charge of the treatment is obliged to implement and observe, as a minimum, the following security measures:

The confidentiality and permanent resilience of treatment systems and services.
The availability and access to personal data quickly, in the event of a physical or technical incident.
The verification, evaluation and assessment, on a regular basis, the effectiveness of the technical and organizational measures implemented for the safety of the treatment.
The pseudonymization and encryption of personal data, according to the cases in which it proceeds.
The data controller may propose other measures that may result from the Risk Assessment, before contracting the service.

Notwithstanding all of this, the DATA PROCESSOR cannot give an absolute and total guarantee on the absence of security breaches caused by third parties.

Date destination at the end of the service:
At the end of the service, the person in charge of the treatment will destroy the data that is recorded digitally or analogically, unless the Treatment Manager arranges for its conservation through the configuration options of its client administration panel.

However, even in the event of destruction, the Data Processor may keep a copy, with the data duly blocked, for the applicable legal terms for which any responsibilities derived from the provision of the service have not prescribed.

The Data Controller can download copies of their customer data and the information stored in the service system through the options provided for this purpose in the administration panel.

13.3 Communications

The Client will receive by email information about improvements in the service and various information related to the services that he has contracted and that is necessary for the adequate provision of the same.

XIV. ASSIGNMENT

The CLIENT may not assign, transfer, encumber or subrogate this contractual relationship in favor of any third party, nor the rights and obligations derived from it, without the prior written consent of WEBEMPRESA.

XV. OUTSOURCING

WEBEMPRESA may contract and/or subcontract with third parties everything it deems appropriate in relation to the performance by them of any or all of the activities necessary for the maintenance, updating, improvement or provision of services, for which the CLIENT gives his express consent.

XVI. INSURANCE

It will be the exclusive responsibility of each one of the parties to contract the corresponding insurance that guarantees the possible responsibilities that derive from these contracting conditions and their non-compliance.

XVII. MODIFICATION OF SERVICES

WEBEMPRESA reserves the right to modify the services in order to adapt them:

(a) to the technical evolution of the market,
(b) to any technical, functional and operational improvement that allows an improvement in the provision thereof; and
(c) to the evolution of the laws, regulations and rules applicable to the provision of the Services and/or aspects related to them.

Likewise, WEBEMPRESA reserves the right to modify unilaterally and without prior notice, the presentation, configuration and operability of the service as long as said modification does not affect the functionality or the service commitments acquired or entail any increase in the agreed prices.

XVIII. SUSPENSION OF SERVICE

In order to safeguard the integrity of the network, provide the contracted services, and comply with the required quality commitments, WEBEMPRESA may suspend the provision of the service when the CLIENT performs actions likely to cause damage or harm to people, equipment, systems, supports and/or networks of third parties and/or WEBEMPRESA, such as consumption of server resources at a volume that compromises the stability of said server. The CLIENT will be informed of the suspension within 24 hours and, if possible, the reason or source causing the problem.

The publication of pornographic content, betting websites or online games will also be grounds for suspension. Distribution of files, movies, software or MP3. Hosting of scripts, banners or graphics for other websites. Storing pages, files or data as a repository for other websites. Resell or give away web space under a domain, subdomain or directory, those that threaten the honor of individuals or organizations and, in general, those websites that fail to comply with current legislation.

Webempresa reserves the right to suspend the provision of a service, without prior notice, in a preventive manner whenever there are claims for violation of third-party rights, either presented directly to Webempresa or through the service providers it uses to enable the provision of the services it offers to its clients (connectivity, network, domains, etc.). Webempresa will suspend the service preventively and will subsequently contact the owner of the service to inform him of the situation and the way to solve the problem so that the restoration of the service is possible.

Webempresa in some cases uses the services of external providers to make it possible to provide the web hosting and domain management services that it offers directly to its customers. These providers may cause a suspension of the Webempresa service in response to claims filed with them for the violation of third-party rights. In these cases, Webempresa will not be responsible for the suspension, although it will act with all possible diligence to mediate with the client, informing them of the reason for the suspension (with the information provided by the external provider in question) and how to solve the problem so that the service can be restored.

XIX. APPLICABLE LEGISLATION

These general conditions are governed by Spanish law. Specifically, they are subject to the provisions of the following regulations:

Law 7/1988 of April 13, on General Conditions of Contract.
Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of data of natural persons of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals Directive 95/46/EC (RGPD);
Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.
Law 7/1996, of January 15, on the Regulation of Retail Trade;
Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce;
Law 16/2009, of November 13, on payment services; as well as any other standard that develops or modifies them.
EU Regulation No. 2022/2065; Digital Services Act”.

XX. MECHANISMS FOR ALTERNATIVE DISPUTE RESOLUTION THROUGH THE JUDICIAL PROCEDURES AND COMPETENT JURISDICTION

As long as the client is considered a consumer in accordance with article 3 of the General Law for the Defense of Consumers and Users (RDL 1/2007 of November 16), WEBEMPRESA submits to consumer arbitration as an alternative dispute resolution system to the courts, in accordance with Royal Decree 231/2008 of February 15, which regulates the Consumer Arbitration System.

The consumer may access the online dispute resolution platform of the European Union, through the following link http://ec.europa.eu/consumers/odr.
The Courts of Madrid will be competent, to which, by legal imperative, the claims that cannot be submitted to consumer arbitration correspond.

XXI. MISCELLANY

If any clause of these contracting conditions were declared null or void, in whole or in part, by any court, the remaining stipulations will remain valid, unless the parties mutually agree to terminate the agreement. The agreements, clauses and conditions that make up these conditions constitute the formal and definitive expression of the declaration of will of the parties, and must be interpreted by each other, attributing to the doubtful the meaning that is derived from the group of all. Any documents or statements, whether verbal or written, prior to its entry into force, will be considered definitively repealed.

ANNEX I. PARTICULAR HOSTING CONDITIONS FOR AGENCIES

The Hosting licenses for Agencies offer the possibility of carrying out the following co-marketing actions between the owner of the services and Webempresa:

Incorporation of the professional profile of the license holder to the web directory of collaborators published at https://www.webempresa.com/directorio-colaboradores.html
Publication of a guest article created entirely by the licensee on the Webempresa blog, published at https://www.webempresa.com/blog.html

These actions will be governed by the conditions specified in this clause, with Webempresa reserving the Webempresa right to deny any of them, if it considers that they could have a negative effect on its customers and web visitors, at any time and for any reason. Also to supplement or modify these conditions at any time and without prior notice.

Incorporation to the directory of collaborators

Only one profile per license may be added to the directory, and it must correspond to that of the license holder.
The license holder will have to request to be added to the directory by opening a ticket from his client area.
The website where the licensee offers its services must be hosted by Webempresa.
The applicant professional must have his or her legal situation up to date or, in the case of companies, they must be legally constituted.
All profiles will be published with the same structure and volume of information, following the model published at https://www.webempresa.com/directorio-colaboradores.html The licensee will not have the right to demand any type of change or adjustment in the design of the file.
The licensee will have to provide all the information required by the Webempresa team, in the time and manner requested, to enable the publication of his profile (text and images).
The profession or activity of the profile must be related to the world of website creation, design, development and maintenance, for example: design, development, programming, SEO, web photography, copywriting, online marketing, etc.
Webempresa reserves the right to request examples of work developed by the owner of the file in order to assess his experience and professionalism, and also to detect any possible problem, before the publication of the profile in the directory.
Profiles whose website contains content of a religious, political, sexist, defamatory or pejorative nature towards individuals, companies or other entities will not be published.
No profiles will be published on whose website any type of activity contrary to the law is carried out.
Webempresa may request at any time, if it wishes, the signing of a collaboration agreement for the commitment of both parties to comply with these conditions.
Webempresa reserves the right to withdraw any profile published in the directory if it receives any negative feedback on the collaborator’s activity. After the preventive withdrawal, the Webempresa team will contact the licensee to inform him about the situation and give him the opportunity to also provide feedback in this regard.
The publication of a profile in the directory of collaborators does not imply any type of permanence commitment on the part of Webempresa. In general, the profile will remain published for as long as the holder maintains his agency license active, and will be withdrawn if the service is cancelled.
Webempresa reserves the right to approve or deny requests for incorporation into the collaborators directory at any time and for any reason.

Publication of a guest article on the Webempresa blog

Only one article may be published per license, and it must correspond to that of the license holder. Webempresa reserves the right to make exceptions to this condition if it deems appropriate.
The license holder will have to request the publication of the article by opening a ticket from his client area. In his request, he should briefly explain the theme of the article and its structure.
The article must deal with a general topic of interest to the Webempresa audience, providing valuable content in which the licensee can expose his experience and knowledge. Promotional or advertising items will not be accepted, nor will content not related to the online world be accepted.
The license holder will have to provide all the content of the article (text, image, video, etc.) in the time and manner requested by the Webempresa team.
The Webempresa content team will evaluate each article to determine if its quality is adequate for publication, being able to request as many modifications as necessary from the licensee to make it so.
The article will include an author’s signature, identifying the professional profile of the licensee.
The publication of an article on the blog does not imply any type of permanence commitment on the part of Webempresa. In general, the article will remain published as long as the content is useful to visitors.
Webempresa reserves the right to approve or deny requests for article publication at any time and for any reason.
Within the content you can add a dofollow link, apart from the link of the corresponding author box. This link may not go to a service / product landing, but rather to an informational landing, which may not have the same search intention as the article from which it is linked.
The link must go to the author’s website, and cannot go to the website of a client of this or similar.
If the linked website is penalized, gives 404, etc., Webempresa reserves the right to remove the link.

ANNEX II. PROMOTIONAL CONDITIONS: 1 YEAR OF FREE PREMIUM CYBERPROTECTOR

The free license of CiberProtector Premium for one year is included only for contracting new hosting plans, both for current customers and for new customers. In other words, the promotion is valid for people who are not Webempresa customers and for people who are already customers but want to hire a new hosting plan.
The promotion is valid for all available contracting periods.
The promotion is only applied when contracting the service, future renewals of the hosting service will not include the free renewal of CiberProtector.
The promotion is valid for all hosting plans, including Hosting Agency Licenses.
The promotion is not valid for the renewal of active services.
The promotion is not valid for the extension of active services.
The promotion is not valid for the registration and transfer of domains.
The promotion is not valid for contracting a fixed IP.
The promotion is not valid for contracting SSL.

ANNEX III. PROMOTIONAL CONDITIONS: 70% AND 50% DISCOUNT IN HOSTING

This promotion offers a 70% discount on the standard prices of hosting services published on webempresa.com in the lines of WordPress Hosting, WooCommerce Hosting, Web Hosting, Divi Hosting and Elastic Hosting.
This promotion offers a 50% discount on the standard prices of hosting services published on webempresa.com in the lines of Cloud Hosting, Dedicated Servers, Agency Hosting and Micro Plan.
The promotion will be valid from 00:00 on december 3 to 23:59 on december 31, 2024 (UTC +1 time).
Discounts are valid only for contracting new hosting plans, both for current clients and new clients.
Discounts are not valid for the renewal of active services.
Discounts are not valid for the expansion of active services.
Discounts are valid for the hosting plans mentioned in these conditions; but they are not valid for other plans or for other services such as domain registration and transfer, contracting fixed IPs, contracting TurboBooster or for contracting paid SSL certificates.
The discounts are valid for one-year contracts in the lines of WordPress Hosting, WooCommerce Hosting, Web Hosting, Divi Hosting, Elastic Hosting and Micro Plan except for Cloud Hosting services and Dedicated servers that are valid for all contract periods including the monthly.
Discounts are only applied when contracting the service, future renewals of the contracted service will be invoiced at the price that you can see in your client area, in the domains and contracted services sections of your client area.
The promotion cannot be combined with other active promotions or discounts.
The promotion is compatible with the promotion of the registration or transfer of a free domain included in the contracting of hosting services.

ANNEX IV. PROMOTIONAL CONDITIONS: -50% ON .ES DOMAINS and -30% ON .COM DOMAINS

This promotion offers a 50% discount on the standard domain registration prices published in www.webempresa.com/en/ for the territorial extension .es (check prices here).
This promotion offers a 30% discount on the standard domain registration prices published in www.webempresa.com/en/ for the generic extension .com (check prices here).
The promotion will be valid from 00:00h on December 17, 2024 until 23:59h on December 31, 2024 (UTC +1).
The discounts are valid for both new registrations and domain transfers from another provider during the first year of the domain contract.
The discounts are valid for both webempresa.com/en/ customers and new customers.
The discounts are not valid for domain renewals.
The discounts are valid only for domains with .es and .com extensions, excluding the rest of the extensions offered on webempresa.com/en/.
Discounts apply only to domain registration or transfer, future renewals will be billed at the standard price for that domain.
The promotion cannot be combined with other active promotions or discounts.
The EasyBuilder service will be available to customers who purchase a domain in the -50% promotion on .ES domains and .COM domains during the dates mentioned.
The EasyBuilder service conditions will be active during the first year of contracting the domain for the .com extension or for the .es territorial extension.
The EasyBuilder service conditions will remain active as long as future renewals of the .es and .com extensions are fulfilled, which will be billed at the standard price for that domain.
The EasyBuilder service is offered with the features explained and updated here. The rest of the technical specifications, features and prices applicable at any given time can be seen through the link.

Document reviewed and updated on September 3, 2024

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